The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-07

In the clancery court about noon yes
terday, Acknowledgement Peters filed bill
against ID. Z. MADDEN and James Lee, jr.,
members of the board OF fire and police
commissioners OF the Taxing District, and
AndrewJ, Harris, county trustee, in which,
after explaining the form of the Taxing
District government, and the laws govern
ing il, and defining the duties and habili-
ties Of the fire and police commissioners,
and OF the county trustee, he quotes Sec
tion II of the act creating the Taxing Dis
trict, MS follows "Said commissioners shall
not issue any bonds, notes or scrip, or
other evidences of indebtedness, and shall
in no event contract for work or material
or services in excess of the amount OF tax
levied for such work, material or service
levied for that year, and parties contract
ing with the commissioners for work, ma
terial or service, shall look alone TO the tax
for that purpose for that year, and no sub
Bequent tax shall be levied TO meet the de-
felt; and the commissioners ana trustee
are expressly prohibited from levying any
tax for any purpose, that power being re-
ferred to the Legislature" II is provided
by The eleventh section of the charter
''tllat the diversion OF any portion of tax
or wharfage dues, or other funds, from the
purpose for which they are levied, by any
OF the commissioners, or by the trustee,
shall be a felony, for which the guilty
party shall, upon conviction, be impris-
oned at the penitentiary for two years"
Section Is OF the charter requires the
commissioners TO report TO the Governor
biennially, three weeks before the meeting
of the Legislature, showing in detail all
their acts and doings and all their expend-
iturcs in each Of the several departments
and the amount OF work done in each. II
is also made the duty OF the commissions
ers, the chief Of police, president OF the
board Of health and the supervisors Of the
board Of public works TO report to the
General Assembly the rate Of taxation for
the two succeeding wears which in their
opinion should be imposed for the use OF
the Taxing District government.
The municipal budget rs made up for
ihc ycars lSS7-sS is as follows Twenty.
eight cents TO the police, 80 cents In the
fire department, Is cents and 81 poll to the
schools, 10 cents for lighting, SO cents for
paving and repairing STREETS, II cents for
sewes and drains, - cents 10 board Of
health and garbage, cents 10 hospital, lC
cents TO school building 70 cents on the
eight original wards aud - cents ON the
Ninth and Tenth wards TO pay interest on
compromise indebtedness. The amount o
taxes thus levied for each year for cacl
particular department cannot be exceeded
in expenditures in that department.
All funds, including the school and
Wharfage funds, shall be- kept separate and
distinct from all other funds, and shall b,
paid out only on the specific funds rs ap
propriated by law. But despite this, tho
attorney general charges in this bill iha
each and every one OF the funds aboy,
named have been during the year 1887 il
legally diverted from the purposes io
which they were levied, andtO which they
had been specifically appropriated by IN,
Legislature, and have been, in a mannc
and for q purpose unauthorized bv law.
taken by David T.. Hidden and Jane
Ice, jr., with the consent and cooperation
OF Andrew Harris, the two commissioner
Illegally drawing warrants payable out U
the street account when there was n,
money 10 It's credit, and the trustee payin,
the same out Of other funds appropriate,
for other purposes. In this way they hay
appropriated 10 the department f streets,
bridges, etc, for the year 1857, about SlOi,
600 in excess Of the taxes levied and col
lectcd for It's support for that year. Tina
Is 10 say they have Incorporated 10 th
uses OF this department money belongin
60 all OF the other departments Of the mu
picipal government for the year 1887, 3
that the street account is ovcrdrawn tina
amount, aud all the other departments an
I'm the aggregate short the same amount
and Ia their aggregate credit that amour
less than they should have.
SOME coLD FIGURES.
The balance sheet a. shown by In
- a.. Ta.tr. n,.f.t.t